If you’ve been injured in an accident in Wisconsin, understanding the time frame to file a personal injury lawsuit is crucial. Missing the deadline, known as the statute of limitations, can result in losing your right to pursue compensation for your injuries. Here’s what you need to know about the timeline for bringing a personal injury action in Wisconsin.
What is a Statute of Limitations?
The statute of limitations is a legal deadline by which a lawsuit must be filed. These deadlines vary depending on the type of legal claim and the jurisdiction, i.e. the State in which you are bringing your claim. The purpose of the statute of limitations is to ensure timely resolution of disputes and to prevent evidence from becoming stale.
Wisconsin’s Statute of Limitations for Personal Injury Claims
In Wisconsin, the general statute of limitations for personal injury cases is three years from the date of the injury. This time frame applies to most cases, such as car accidents, slip and falls, and other incidents caused by someone else’s negligence.
However, which statute of limitations applies to your specific injury claim can vary widely. If unsure, the safest thing to do is talk to an experienced and reputable personal injury attorney to find out how long you have to bring your claim.
When Does the Clock Start?
The statute of limitations typically begins on the date the injury occurred. However, there are some exceptions to this rule. For example, if the injury wasn’t immediately apparent, the clock might start on the date you discovered or reasonably should have discovered the injury. This is known as the “discovery rule.” The discovery rule is nuanced; it is risky to depend on it to save you from a failure to timely file your claim.
Special Circumstances and Exceptions
While the three-year deadline applies to most personal injury cases, there are situations where different rules might come into play:
- Claims Against the Government: If your injury involves a government entity (e.g., a school bus or an injury incurred on government property), you must file a notice of claim with the appropriate agency within 120 days of the injury. After filing the notice, there are additional steps to take before proceeding with a lawsuit.
- Minors or Legally Incapacitated Individuals: If the injured party is a minor or is legally incapacitated, the statute of limitations may be extended. For minors, the three-year period typically doesn’t begin until their 18th birthday. However, other rules may apply, so it’s best to consult a qualified personal injury attorney in these situations.
- Certain Wrongful Death Claims: If a motor vehicle accident results in death, the statute of limitations for filing a wrongful death claim is two years from the date of death, not the date of the injury.
- Medical Malpractice Cases: In medical malpractice claims, the statute of limitations is three years from the date of the injury or one year from the date the injury was discovered, whichever is later. However, there is an absolute limit of five years from the date of the act or omission that caused the injury.
Why Acting Quickly Matters
Even if you have time left to file a claim, it’s important to act quickly. Waiting too long can make it harder to gather evidence, locate witnesses, and build a strong case. Additionally, insurance companies may use delays against you to argue that your injuries aren’t as serious as you claim. An experienced personal injury attorney will know when it is the right time to file a lawsuit.
Steps to Take After an Injury
To protect your rights and ensure you meet all deadlines, consider the following steps:
- Seek Medical Attention: Prioritize your health and document your injuries by visiting a doctor, if you feel medical treatment is warranted.
- Document the Incident: Take photos, gather witness information, and write down details about the accident.
- Consult an Attorney: A personal injury lawyer can help you navigate the legal process, calculate damages, and meet filing deadlines.
Conclusion
Understanding the statute of limitations is vital to protecting your right to seek compensation after an injury in Wisconsin. While the standard deadline for negligence claims is three years, exceptions and special circumstances can alter this timeframe. To avoid losing your chance to pursue justice, consult with an experienced personal injury attorney as soon as possible. At Doar, Drill & Skow, we offer free, no-obligation consultations for all personal injury claims. Contact us today at 1-877-DOARLAW.